2003-061 Council Resolution - Laserfiche WebLink

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City Council June 9, 2003 Keller Variance Under the Lakes Zoning Ordinance, a property of this size and zone is allowed up to 1,200 sq.ft. of accessory building space. The property currently contains an existing attached garage measuring slightly more than 20 X 22 feet - roughly 500 square feet. The applicant plans to expand the garage to 992 square feet. There are no other accessory buildings on the property. The Lino Lakes Transportation Plan classifies 62nd Street as a Minor Collector street, with the Lino Lakes Zoning Ordinance requiring a 40 -foot street setback for all collector or arterial streets. At present, 62nd Street is paved from Ware Road to Red Maple Lane, with the section from Red Maple Lane to Holly Drive not constructed, but indicated as a "proposed road" under the Lino Lakes Transportation Plan. The applicant's proposed addition would extend three feet, seven inches into the required 40' street setback. The applicant has stated that it is necessary to encroach into the setback area in order to make the proposed addition of a size large enough to make the project worthwhile. Conversely, it is staff's contention that the desire to expand simply in order to have more storage space does not constitute a demonstration of hardship. Further, by making some design changes and expanding to the east, rather than the south, the applicant has the ability to fulfill their desire for expansion while working within the requirements of the ordinance. Individual Sewage Treatment System (ISTS) The property is not currently serviced by public sewer and water. An ISTS inspection, submitted by the applicant indicates that the existing system is not in compliance with current code requirements. Such designation requires the upgrading of the system within two years. Additionally, the expansion of the house will necessitate installation of a new system. The applicant has had the property evaluated and submitted a proposed system design. The proposed location of the ISIS, as submitted, would encroach upto 20 feet into the 62nd Street right -of -way and 10 feet into the Red Maple right -of -way. The construction of the system in the proposed location would, aside from not meeting setbacks requirements, significantly impact the City's ability to use the public right -of -way for its intended purpose. Therefore, an alternative site or design will need to be submitted by the applicant. P & Z BOARD RECOMMENDATION The above report was presented at the May 14`11 meeting of the Planning &Zoning Board. After consideration of the issues, the board voted to approve the proposed Variance. Draft minutes of the meeting are attached. 2